Broadcast television has long existed as a premier medium for the advertisement and sale of goods and services. The overwhelming volume of advertising and sales is conducted on television using advertising spots, typically running between 15 and 60 seconds each, that are broadcast during commercial breaks from regularly scheduled non-commercial programming or news programs.
As used herein, the term “non-commercial programming” means programming that is predominantly artistic in purpose and content and does not contain direct appeals to consumers for the purchase of a product, such as pricing information or information pertaining to where or how to purchase an item or service for sale. Non-commercial programming may, however, include “product placements” such as brand name products or services that appear in such programming but are not expressly offered for sale. Non-commercial programming may be, for example and without limitation, soap operas, made for TV movies, movies made for release in theaters and later broadcast on TV, sit-coms, TV dramas, documentaries, and game shows.
As used herein, the term “commercial programming” means programming that is predominantly commercial in purpose and content, such as a television advertisement for a product or service that may or may indicate where such product or service may be purchased, or the pricing of such product or service.